Rajee @ S.Raju v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.6106 of 2020 1.Rajee @ S.Raju 2.Sajin, 3.Yesudhas, 4.Domi, 5.Daniel @ Daniel Raj, 6.Lawrence, ... Petitioners/ Accused Nos.2,4,8,10 to 12 Vs State rep by its The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

In Crime No.628/2020 ... Respondent/Complainant For Petitioners : M/s M.R.Sreenivasan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.628 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 341, 294(b), 323, 324, and 506(ii) of I.P.C., and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, in Crime No.628 of 2020 on the file of the respondent police, seek anticipatory bail.

3.The learned counsel appearing for the petitioners points out that this Court had granted the relief to some of the co-accused. 4.Be that as it may, as rightly pointed out by the learned Government Advocate (Crl.side) the second accused viz., Sajin/A4 had caused cut injury near the eye of the victim. Therefore, the learned Government Advocate (Crl.side) also points out that the petitioners' earlier petition for anticipatory bail in Crl.O.P.(MD).No.5464 of 2020 was dismissed on 27.05.2020 and there is no change in circumstances. Facing this situation, the learned counsel for the petitioner gives an undertaking that the second petitioner/A4 will surrender before the respondent police. Since this undertaking has been given on behalf of the second petitioner, even while dismissing this petition as regards the second petitioner, anticipatory bail is granted to the remaining petitioners.

5.Recording the undertaking given by the petitioners, I am inclined to grant anticipatory bail to the petitioner Nos.1,3 to 6 with certain conditions. Accordingly, the petitioner No.1, 3 to 6 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Padmanabhapuram, kanyakumari District, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two common sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner Nos.1, 3 to 6 shall appear before the respondent police as and when required for interrogation. The petitioner Nos.1, 3 to 6 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner Nos.1, 3 to 6 shall appear before the concerned Magistrate within a period of eight(8) weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 12.06.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

NS Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. The Judicial Magistrate No.I, Padmanabhapuram, Kanyakumari District.

2. Do-Through The Chief Judicial Magistrate, Kanyakumari at Nagercoil.

3. The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.6106 of 2020 Date : 12/06/2020 VB SKN SAR 3 (16.06.2020) 3P 5C